Financial and Allowance Regulations for the Military Forces of the Commonwealth (Amendment) (Provisional)

Overview

Statutory Rules 1914 No. 90, titled "Provisional Regulations Under the Defence Act 1903-1912," was enacted to address the urgent need for amendments to the financial and allowance regulations for the military forces of the Commonwealth. The regulation came into immediate operation on 16 July 1914, certified by the Governor-General, R.M. Ferguson, acting on the advice of the Federal Executive Council due to the pressing nature of the changes required. This legislative instrument aimed to update the administrative procedures for reporting on temporary employees, ensuring that all necessary information is correctly documented and submitted in a timely manner. The regulation sought to enhance the efficiency of financial oversight and accountability within the military forces by specifying the details and timing for submitting returns of temporary employees.

Scope and Application

The Provisional Regulation 44 under the Defence Act 1903-1912 pertains to the financial and allowance regulations specifically for the military forces of the Commonwealth. This regulation mandates the submission of detailed returns concerning the employment of temporary staff within the military. The regulation applies to any temporary employees engaged under Section 40 of the Public Service Act and those employed under exemption from the Commonwealth Public Service Act. These returns must be submitted by the relevant military authorities to the Public Service Inspector in the state. The submission must include specific information such as the number of persons employed under each designation, the number of such persons on the last day of the quarter, and the total expenditure on such employment during the quarter. The returns are to be submitted by the 7th of the month following the quarter. This regulation extends its application nationally, ensuring uniformity in reporting across different states and territories. There are no stated exclusions or exemptions in this regulation, thereby making it applicable to all relevant temporary employees within the Commonwealth's military forces.

Key Provisions

The Provisional Regulations under the Defence Act 1903-1912, particularly Regulation 44, introduce amendments to the financial and allowance regulations concerning the military forces of the Commonwealth. Specifically, Regulation 44 modifies the process for submitting returns regarding temporary employees. Under this regulation, military units are now required to submit a return of temporary employees to the Public Service Inspector. The return must include detailed information about the number of temporary employees, their designations, and the total expenditure on their employment. This return must be submitted in four copies directly to the Public Service Inspector in the relevant state by the 7th of the month following the quarter in which the employees were engaged. The obligations imposed by these regulations are quite specific. Military units must ensure that the required returns are completed accurately and submitted on time. The returns must detail the number of temporary employees under Section 40 of the Public Service Act, as well as those employed under exemption from the provisions of the Commonwealth Public Service Act. This includes the number of individuals employed under each designation, the number of persons employed on the last day of the quarter, and the total amount expended on such employment during the quarter. Additionally, two copies of this return must be forwarded to the Secretary by the same deadline. Failure to comply with these regulations can result in various consequences. While the specific penalties are not detailed in the provided text, non-compliance with statutory obligations generally can lead to administrative penalties, fines, or other enforcement actions. It is also possible that the failure to submit accurate and timely returns could impact the financial management and accountability of the military forces, potentially leading to audits or investigations. The exact penalties for breach are not specified in the regulation itself but are likely to be determined by the broader legislative framework governing public service regulations and financial compliance.